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COM. v. NOURSE

Nos. 2003-SC-0220-MR, 2003-SC-0221-MR.

177 S.W.3d 691 (2005)

COMMONWEALTH of Kentucky, Appellant, v. Othaniel Cantrell NOURSE, Appellee, and Othaniel Cantrell Nourse, Appellant, v. Commonwealth of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied December 22, 2005.

Attorney(s) appearing for the Case

Lisa Bridges Clare, Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, for Appellant.

Gregory D. Stumbo, Attorney General, Ian G. Sonego, Charles R. Orange, Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, KY, for Appellee.

Opinion of the Court by Justice GRAVES.

A jury of the Logan County Circuit Court convicted Appellant, Othaniel Cantrell Nourse, of complicity to murder, tampering with physical evidence, possession of a handgun by a convicted felon, and of being a second degree persistent felony offender. Subsequent to the guilty verdict but prior to sentencing, Nourse moved for judgment notwithstanding the verdict ("JNOV"). The trial court granted the JNOV with respect to the complicity...

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